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1953 Supreme(All) 329

MALIK, SAPRU
Allah Bandi – Appellant
Versus
Govt. of Union of India – Respondent


Advocates:
M.A. Kazmi, for Applicants; S.C., for Opposite Party.

Judgement

MALIK, CJ. :- This is an application on behalf of two young women, Allah Bandi, aged 20 years, and Khatoon, aged 16 years, under Art. 226 of the Constitution that they were being illegally deported to Pakistan.

2. The facts of the case now more or less admitted by counsel and established from the affidavits are that Allah Bandi was the daughter of one Abdul Latif, resident of village Gonchi in the district of Gurgaon, and Khatoon was the daughter of Shafi Mohammad, brother of Abdul Latif, of the same village. These two girls were married, while minors, to two persons of Usmanpur, district Bulandshahr. Allah Bandi was married to Abdul Sattar and Khatoon was married to Abdul Jabbar.

In the year 1947 Abdul Latif and Shafi Mohammad left for Pakistan and they have settled there. At that time Allah Bandi and Khatoon were both minors, being aged 16 years and 12 years respectively. When their parents left for Pakistan they were with their parents and left with them. They were, however anxious to come back to India. In 1950 they returned to India on a permanent permit issued by the High Commissioner for India in Pakistan. This permit had, however, been obtained on the basis of a stat


















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